The Northern Ireland secretary has said he will introduce new legislation to address the political deadlock after the latest deadline to restore Stormont passed.
Chris Heaton-Harris said his legislation will support Northern Ireland departments to manage “the immediate and evident challenges they face in stabilising public services and finances”.
The power-sharing Stormont Assembly has been collapsed for almost two years while the Democratic Unionist Party (DUP) refuses to participate until their concerns over post-Brexit trading arrangements have been addressed by the UK government.
Senior civil servants are running government departments with limited powers in the absence of local ministers.
Sir Jeffrey Donaldson’s party maintained their position during a final failed attempt to recall the Assembly following a motion by Sinn Fein on Wednesday.
Mr Heaton-Harris had been under an obligation to call a fresh election if the institutions were not restored by the latest legal deadline of 18 January.
However, minutes after midnight he issued a statement signalling that he intends to introduce new legislation to avoid this scenario.
The cabinet minister said he was “disappointed”, adding recent events have shown the need for a functioning government “to address a whole range of issues facing Northern Ireland”.
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Thursday saw more than 150,000 public sector workers in the region take part in the biggest strike in recent history in a demand for the pay uplifts given to their colleagues in the rest of the UK.
Although the Westminster government offered a financial package worth more than £3bn – including money to make the outstanding pay awards – to Northern Ireland, it will not be made available until Stormont returns.
Mr Heaton-Harris said: “I remain of the belief that a sitting Northern Ireland Executive is best placed to act quickly and effectively to resolve those issues.
“In the absence of a sitting Northern Ireland Executive I will update parliament on the next steps.
“I intend to introduce new legislation which will take a pragmatic, appropriate and limited approach to addressing the Executive Formation period and support Northern Ireland departments to manage the immediate and evident challenges they face in stabilising public services and finances.”
Northern Ireland’s devolved administration collapsed in February 2022 after the DUP withdrew in protest against post-Brexit trade checks between the region and Great Britain.
It believes the arrangements under the Northern Ireland Protocoldiminish the region’s place within the UK.
New laws to reduce the use of short prison sentences and toughen up community punishments are expected to be introduced within weeks.
Ministers are expected to introduce the new legislation to the Commons after the summer recess.
The changes will abolish most short-term prison sentences and introduce an earned release scheme, based on a model used in Texas, where prisoners who demonstrate good behaviour can be freed earlier – while those who disobey prison rules are detained for longer.
This will include some prisoners jailed for violent offences, although those convicted of the most dangerous crimes and for terrorism will be excluded.
Image: Shabana Mahmood (left) was said to be impressed by the system in place in Texan prisons. Pic: PA
The new bill will introduce many of the changes recommended by the independent sentencing review, carried out by former Conservative justice minister David Gauke earlier this year. It represents one of the largest overhauls of sentencing in a generation and marks a cornerstone of the government’s effort to reduce the size of the prison population in England and Wales.
As well as reducing the use of short custodial sentences, the changes will also toughen up community sentences, introducing a wider range of punishments for those serving time outside of prison. This could include bans on going to stadiums to watch sports or music events, as well as restrictions on visiting pubs, and the wider use of drug testing.
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Becky Johnson speaks with Daniel, a former convict, who was released early after prisons reached capacity.
Other punishments could include driving and travel bans, as well as restriction zones – confining them to certain areas. Some of these can already be imposed for certain crimes, but the new laws will mean that these could be handed down by a judge for any offence.
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Under the legislation, which it is understood will be introduced in September, prison sentences of 12 months or less will be scrapped, except for in exceptional circumstances such as domestic abuse cases. Meanwhile, the length of suspended sentences – where an offender is not sent to prison immediately unless they commit a further crime – will be extended from two years to three.
The justice secretary is believed to have been inspired by the earned release scheme during a visit to the States, where she learned about the model being used in Texas to cut crime and bring their prison population under control.
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2:41
England is on course to run out of prison places for adult men by November, the Justice Secretary has warned.
Shabana Mahmood said that criminals who break the rules “must be punished” and that those serving their sentences in the community “must have their freedom restricted there, too”.
She added: “Rightly, the public expect the government to do everything in its power to keep Britain safe, and that’s what we’re doing.”
A spokesperson for the Ministry of Justice added: “This government inherited a prison system days away from collapse.
“That is why we are building 14,000 more prison places, with 2,500 already delivered, but we know we can’t build our way out of this crisis.
“Without further action, we will run out of prison places in months, courts would halt trials and the police [would] cancel arrests. That is why we are overhauling sentencing to make sure we always have the prison places needed to keep the country safe.”